N.Y. Comp. Codes R. & Regs. tit. 19 § 600.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 600.2 - Definitions

(a) Accretion means the gradual and imperceptible accumulation of sand, gravel, or similar material deposited by natural action of water on the shore. This may result from a deposit of such material upon the shore, or by a recession of the water from the shore.

(b) Actions mean either type I or unlisted actions as defined in SEQR (6 NYCRR 617.2), which are undertaken by State agencies; the term shall not include excluded actions as defined in SEQR (6 NYCRR 617.2) or actions not subject to SEQR pursuant to other provisions of law.

(c) Agricultural land means land used for agricultural production or used as part of a farm or having the potential to be used for agricultural production. Agricultural lands include lands in agricultural districts, as created under article 25-AA of the Agricultural and Markets Law; lands comprised of soils classified in soil group 1, 2, 3, or 4 according to the New York State Department of Agriculture and Markets land classification system; or lands used in agricultural production, as defined in article 25-AA of the Agriculture and Markets Law.

(d) Aquaculture means the farming of aquatic organisms, including fish, mollusks, crustaceans, and aquatic plants. Farming implies some form of intervention in the rearing process to enhance production, such as regular stocking, feeding, protection from predators, etc. Farming also implies ownership of the stock being cultured.

(e) Best management practices means methods, measures or practices determined to be the most practical and effective in preventing or reducing the amount of pollutants generated by nonpoint sources to a level compatible with water quality standards established pursuant to section 17-0301 of the Environmental Conservation Law. Best management practices include, but are not limited to, structural and nonstructural controls and operation and maintenance procedures. Best management practices can be applied before, during, or after pollution-producing activities to reduce or eliminate the introduction of pollutants into receiving waters.

(f) Boating facility means a business or accessory use that provides docking for boats and encompasses 4,000 square feet or greater of surface waters, as measured by the outermost perimeter of the dock, and is purposefully designed to accommodate six or more boats.

(g) Certification means a notice prepared and filed by a State agency with the Secretary at One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001, which notice shall:

(1) contain a statement that is a certification for purposes of article 42 of the Executive Law, the name and address of the State agency and the name and telephone number of a person who can provide further information;

(2) briefly state and precisely describe the nature, extent and location of the action; and

(3) briefly state the reasons supporting certification.

(h) Coastal area means the State's coastal waters and the adjacent shorelands, as defined in article 42 of the Executive Law. It includes Lakes Erie and Ontario, the St. Lawrence and Niagara Rivers, the Hudson River south of the Federal dam at Troy, the East River, the Harlem River, the Kill van Kull and Arthur Kill, Long Island Sound and the Atlantic Ocean, and their connecting waterbodies, bays, harbors, shallows and marshes. The specific boundaries of the coastal area are shown on the coastal area map on file in the office of the secretary, as required by section 914 (2) of the Executive Law. A copy of the coastal area map has been provided to each State agency with jurisdiction over programs identified by the secretary pursuant to Executive Law, article 42, as having the potential to affect coastal resources.

(i) Coastal barrier resource area means any one of the designated and mapped areas under the Coastal Barrier Resources Act of 1982, ( P.L. 97-348), and any areas designated and mapped under the Coastal Barrier Improvement Act of 1990 (P.L. 101-591), as administered by the U.S. Fish and Wildlife Service, and any future designations that may occur through amendments to these laws.

(j) Coastal hazard area means any coastal area included within the erosion hazard area as designated by the New York State Department of Environmental Conservation pursuant to the Coastal Erosion Hazard Areas Act of 1981 (article 34 of the Environmental Conservation Law), and any coastal area included within a V-zone as designated on Flood Insurance Rate Maps prepared by the Federal Emergency Management Agency pursuant to the National Flood Insurance Act of 1968 ( P.L. 90-448) and the Flood Disaster Protection Act of 1973 ( P.L. 93-234).

(k) Development, other than existing development, means any construction or other activity which materially changes the use, intensity of use or appearance of land or a structure including any activity which may have a direct and significant impact on coastal waters. Development shall not include ordinary repairs or maintenance or interior alterations to existing structures or traditional agricultural practices. The term shall include division of land into lots, parcels or sites.

(l) Direct action or directly undertaken action means an action planned and proposed for implementation by a State agency. Direct actions include but are not limited to capital projects, procedure making and policy making.

(m) Funding means any financial support given by a State agency, including contracts, grants, subsidies, loans or other forms of direct or indirect financial assistance, in connection with a proposed action.

(n) Historic maritime communities means communities identified in L. 1994, ch. 587, for the purpose of fostering the protection and beneficial enjoyment of the historic and cultural resources associated with maritime activity on Long Island Sound.

(o) Historic resources means those structures, landscapes, districts, areas or sites, or underwater structures or artifacts which are listed or designated as follows: any historic resource in a Federal or State park established, solely or in part, in order to protect and preserve the resource; any resource on, nominated to be on, or determined eligible to be on the National or State Register of Historic Places; any cultural resource managed by the State Nature and Historic Preserve Trust or the State Natural Heritage Trust; any archaeological resource which is on the inventories of archaeological sites maintained by the State Department of Education or the Office of Parks, Recreation and Historic Preservation; any resource which is a significant component of a heritage area; any locally designated historic or archaeological resources protected by a local law or ordinance.

(p) Involved agency means a State agency that has jurisdiction by law to fund, approve or directly undertake a given action.

(q) Local Waterfront Revitalization Program (LWRP) means a comprehensive local management program for the coastal or inland waterway area of a municipality or municipalities acting jointly. The term encompasses the "partial LWRP" which includes a comprehensive treatment of one or more of the Coastal Management Program (CMP) policies for the municipality's entire waterfront revitalization area or a comprehensive treatment of applicable CMP policies for a geographically discrete portion of a municipality's waterfront revitalization area. The secretary may approve an LWRP after the participating municipality develops it and adopts local implementing legislation, and after the LWRP is subject to review by the public and Federal or State agencies. The Federal Office of Ocean and Coastal Resource Management in the U.S. Department of Commerce's National Oceanic and Atmospheric Administration may approve an LWRP in the coastal area that is submitted by the secretary as a refinement of and means to further implement the CMP at the local government level.

(r) Long Island Sound means all tidal waters within the Long Island Sound coastal area.

(s) Long Island Sound coastal area means that portion of the New York State coastal area beginning at the Connecticut-New York State border and extending south to the intersection of the State coastal area boundary with the Bruckner Expressway, resuming the State coastal boundary south to its intersection with the Throgs Neck Expressway, then following the Throgs Neck Expressway to the Throgs Neck Bridge, following the Throgs Neck Bridge and the Clearview Expressway to the intersection with the state coastal boundary at the Cross Island Parkway, then following the State coastal boundary east to its intersection with the topographic divide in the eastern portion of the Town of Southold, following the topographic divide to Orient Point, extending seaward to the New York boundary and including Plum Island and Fishers Island.

(t) Maritime center means a discrete portion or area of a harbor or bay that is developed with, and contains concentrations of, water-dependent commercial and industrial uses or essential support facilities. The harbor or bay area is a center for waterborne commerce, recreation, or other water-dependent business activity and, as such, is an important component of the regional transportation system. A maritime center is characterized by: sheltered and suitable hydrologic conditions; land- and water-based infrastructure essential for the operation of water-dependent commercial and industrial uses, extant or easily provided; physical conditions necessary to meet the siting and operational requirements of water-dependent uses; close proximity to central business districts; and limited high value natural resources. The following are Long Island Sound's maritime centers:

Port Chester (Byram River-Port Chester Harbor)

Mamaroneck Harbor

Echo Bay-New Rochelle Harbor

City Island-East Shore Bronx

Port Washington-Manorhaven (Manhasset Bay)

Glen Cove Creek

Huntington Harbor

Northport Harbor

Port Jefferson Harbor

Mattituck Harbor

(u) Maritime support services means industrial, commercial, or retail uses which provide necessary goods and services to water-dependent businesses, thus enabling these businesses to operate in an efficient and economically viable manner.

(v) Native or indigenous community means a variable assemblage of interacting plant and animal populations that share a common environment.

(w) Native or indigenous stock means fish, shellfish, and crustaceans originating in and being produced, growing, living, or occurring naturally in the coastal waters of Long Island Sound.

(x) Natural protective features means a nearshore area, beach, bluff, primary dune, secondary dune, or wetlands and the vegetation thereon.

(y) Permit means a permit, lease, license, certificate or other entitlement for use or permission to act that may be granted or issued by a State agency.

(z) Public trust lands means those lands below navigable waters, with the upper boundary normally being the mean high water line, or otherwise determined by local custom and practice. Public trust lands, waters, and living resources are held in trust by the State or by the trustees of individual towns for the people to use for walking, fishing, commerce, navigation, and other recognized uses of public trust lands.

(aa) Rare ecological communities means ecological communities which qualify for a heritage state rank of S1 or S2; and those which qualify for both a heritage state rank of S3, S4 or S5; and an element occurrence rank of A.

(ab) Regionally important natural area means a defined geographic area within the Long Island Sound coastal boundary generally composed of a variety of smaller, natural ecological communities that together form a landscape of environmental, social, and economic value to the people of New York. To be identified as a regionally important natural area, and area must contain significant natural resources which are at risk and require additional management to protect or restore resource values.

(ac) Secretary means the Secretary of State.

(ad) State agency means any department, bureau, board, commission, public authority or other agency of the State, including any public benefit corporation, any member of which is appointed by the Governor.

(ae) Traditional waterfront communities means communities which historically have contained concentrations of water-dependent businesses, possess a distinctive character, and serve as a focal points for commercial, recreational, and cultural activities within the region. On Long Island Sound, these communities are: Village of Port Chester, Village of Mamaroneck, City of New Rochelle, City Island, Manorhaven-Port Washington, City of Glen Cove, Roslyn, Village of Sea Cliff, Bayville, Village of Northport, Stony Brook, Setauket, Village of Port Jefferson, Oyster Bay, Cold Spring Harbor, Huntington Harbor, and Mattituck Inlet.

(af) Vulnerable fish and wildlife species means those listed in 6 NYCRR 182.5 as endangered species, and threatened species.

(ag) Vulnerable plant species means those listed in 6 NYCRR 193.3 as endangered species, threatened species, exploitably vulnerable species, and rare species.

(ah) Water-dependent use means a business or other activity which can only be conducted in, on, over, or adjacent to a water body because such activity requires direct access to that water body, and which involves, as an integral part of such activity, the use of the water.

(ai) Water-enhanced use means a use or activity which does not require a location adjacent to coastal waters, but whose location on the waterfront adds to the public use and enjoyment of the water's edge. Water-enhanced uses are primarily recreational, cultural, retail, or entertainment uses.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 600.2